Full Text of HB0045 096th General Assembly
HB0045eng 96TH GENERAL ASSEMBLY
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HB0045 Engrossed |
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LRB096 03130 RLC 13146 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unified Code of Corrections is amended by | 5 |
| changing Sections 3-3-2 and 5-8-1 and by adding Section 5-8-1.4 | 6 |
| as follows:
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| (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
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| Sec. 3-3-2. Powers and Duties.
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| (a) The Parole and Pardon Board is abolished and the term | 10 |
| "Parole and
Pardon Board" as used in any law of Illinois, shall | 11 |
| read "Prisoner Review
Board." After the effective date of this | 12 |
| amendatory Act of 1977, the
Prisoner Review Board shall provide | 13 |
| by rule for the orderly transition of
all files, records, and | 14 |
| documents of the Parole and Pardon Board and for
such other | 15 |
| steps as may be necessary to effect an orderly transition and | 16 |
| shall:
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| (1) hear by at least one member and through a panel of | 18 |
| at least 3 members
decide, cases of prisoners
who were | 19 |
| sentenced under the law in effect prior to the effective
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| date of this amendatory Act of 1977, and who are eligible | 21 |
| for parole;
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| (2) hear by at least one member and through a panel of | 23 |
| at least 3 members decide, the conditions of
parole and the |
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| time of discharge from parole, impose sanctions for
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| violations of parole, and revoke
parole for those sentenced | 3 |
| under the law in effect prior to this amendatory
Act of | 4 |
| 1977; provided that the decision to parole and the | 5 |
| conditions of
parole for all prisoners who were sentenced | 6 |
| for first degree murder or who
received a minimum sentence | 7 |
| of 20 years or more under the law in effect
prior to | 8 |
| February 1, 1978 shall be determined by a majority vote of | 9 |
| the
Prisoner Review Board;
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| (3) hear by at least one member and through a panel of | 11 |
| at least 3 members decide, the conditions
of mandatory | 12 |
| supervised release and the time of discharge from mandatory
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| supervised release, impose sanctions for violations of | 14 |
| mandatory
supervised release, and revoke mandatory | 15 |
| supervised release for those
sentenced under the law in | 16 |
| effect after the effective date of this
amendatory Act of | 17 |
| 1977;
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| (3.5) hear by at least one member and through a panel | 19 |
| of at least 3 members decide, the conditions of mandatory | 20 |
| supervised release and the time of discharge from mandatory | 21 |
| supervised release, to impose sanctions for violations of | 22 |
| mandatory supervised release and revoke mandatory | 23 |
| supervised release for those serving extended supervised | 24 |
| release terms pursuant to paragraph (4) of subsection (d) | 25 |
| of Section 5-8-1;
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| (4) hear by at least 1 member and through a panel of at |
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| least 3
members,
decide cases brought by the Department of | 2 |
| Corrections against a prisoner in
the custody of the | 3 |
| Department for alleged violation of Department rules
with | 4 |
| respect to good conduct credits pursuant to Section 3-6-3 | 5 |
| of this Code
in which the Department seeks to revoke good | 6 |
| conduct credits, if the amount
of time at issue exceeds 30 | 7 |
| days or when, during any 12 month period, the
cumulative | 8 |
| amount of credit revoked exceeds 30 days except where the
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| infraction is committed or discovered within 60 days of | 10 |
| scheduled release.
In such cases, the Department of | 11 |
| Corrections may revoke up to 30 days of
good conduct | 12 |
| credit. The Board may subsequently approve the revocation | 13 |
| of
additional good conduct credit, if the Department seeks | 14 |
| to revoke good
conduct credit in excess of thirty days. | 15 |
| However, the Board shall not be
empowered to review the | 16 |
| Department's decision with respect to the loss of
30 days | 17 |
| of good conduct credit for any prisoner or to increase any | 18 |
| penalty
beyond the length requested by the Department;
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| (5) hear by at least one member and through a panel of | 20 |
| at least 3
members decide, the
release dates for certain | 21 |
| prisoners sentenced under the law in existence
prior to the | 22 |
| effective date of this amendatory Act of 1977, in
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| accordance with Section 3-3-2.1 of this Code;
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| (6) hear by at least one member and through a panel of | 25 |
| at least 3 members
decide, all requests for pardon, | 26 |
| reprieve or commutation, and make confidential
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| recommendations to the Governor;
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| (7) comply with the requirements of the Open Parole | 3 |
| Hearings Act;
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| (8) hear by at least one member and, through a panel of | 5 |
| at least 3
members, decide cases brought by the Department | 6 |
| of Corrections against a
prisoner in the custody of the | 7 |
| Department for court dismissal of a frivolous
lawsuit | 8 |
| pursuant to Section 3-6-3(d) of this Code in which the | 9 |
| Department seeks
to revoke up to 180 days of good conduct | 10 |
| credit, and if the prisoner has not
accumulated 180 days of | 11 |
| good conduct credit at the time of the dismissal, then
all | 12 |
| good conduct credit accumulated by the prisoner shall be | 13 |
| revoked;
and
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| (9) hear by at least 3 members, and, through a panel of | 15 |
| at least 3
members, decide whether to grant certificates of | 16 |
| relief from
disabilities or certificates of good conduct as | 17 |
| provided in Article 5.5 of
Chapter V.
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| (a-5) The Prisoner Review Board, with the cooperation of | 19 |
| and in
coordination with the Department of Corrections and the | 20 |
| Department of Central
Management Services, shall implement a | 21 |
| pilot project in 3 correctional
institutions providing for the | 22 |
| conduct of hearings under paragraphs (1) and
(4)
of subsection | 23 |
| (a) of this Section through interactive video conferences.
The
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| project shall be implemented within 6 months after the | 25 |
| effective date of this
amendatory Act of 1996. Within 6 months | 26 |
| after the implementation of the pilot
project, the Prisoner |
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| Review Board, with the cooperation of and in coordination
with | 2 |
| the Department of Corrections and the Department of Central | 3 |
| Management
Services, shall report to the Governor and the | 4 |
| General Assembly regarding the
use, costs, effectiveness, and | 5 |
| future viability of interactive video
conferences for Prisoner | 6 |
| Review Board hearings.
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| (b) Upon recommendation of the Department the Board may | 8 |
| restore good
conduct credit previously revoked.
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| (c) The Board shall cooperate with the Department in | 10 |
| promoting an
effective system of parole and mandatory | 11 |
| supervised release.
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| (d) The Board shall promulgate rules for the conduct of its | 13 |
| work,
and the Chairman shall file a copy of such rules and any | 14 |
| amendments
thereto with the Director and with the Secretary of | 15 |
| State.
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| (e) The Board shall keep records of all of its official | 17 |
| actions and
shall make them accessible in accordance with law | 18 |
| and the rules of the
Board.
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| (f) The Board or one who has allegedly violated the | 20 |
| conditions of
his parole or mandatory supervised release may | 21 |
| require by subpoena the
attendance and testimony of witnesses | 22 |
| and the production of documentary
evidence relating to any | 23 |
| matter under investigation or hearing. The
Chairman of the | 24 |
| Board may sign subpoenas which shall be served by any
agent or | 25 |
| public official authorized by the Chairman of the Board, or by
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| any person lawfully authorized to serve a subpoena under the |
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| laws of the
State of Illinois. The attendance of witnesses, and | 2 |
| the production of
documentary evidence, may be required from | 3 |
| any place in the State to a
hearing location in the State | 4 |
| before the Chairman of the Board or his
designated agent or | 5 |
| agents or any duly constituted Committee or
Subcommittee of the | 6 |
| Board. Witnesses so summoned shall be paid the same
fees and | 7 |
| mileage that are paid witnesses in the circuit courts of the
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| State, and witnesses whose depositions are taken and the | 9 |
| persons taking
those depositions are each entitled to the same | 10 |
| fees as are paid for
like services in actions in the circuit | 11 |
| courts of the State. Fees and
mileage shall be vouchered for | 12 |
| payment when the witness is discharged
from further attendance.
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| In case of disobedience to a subpoena, the Board may | 14 |
| petition any
circuit court of the State for an order requiring | 15 |
| the attendance and
testimony of witnesses or the production of | 16 |
| documentary evidence or
both. A copy of such petition shall be | 17 |
| served by personal service or by
registered or certified mail | 18 |
| upon the person who has failed to obey the
subpoena, and such | 19 |
| person shall be advised in writing that a hearing
upon the | 20 |
| petition will be requested in a court room to be designated in
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| such notice before the judge hearing motions or extraordinary | 22 |
| remedies
at a specified time, on a specified date, not less | 23 |
| than 10 nor more than
15 days after the deposit of the copy of | 24 |
| the written notice and petition
in the U.S. mails addressed to | 25 |
| the person at his last known address or
after the personal | 26 |
| service of the copy of the notice and petition upon
such |
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| person. The court upon the filing of such a petition, may order | 2 |
| the
person refusing to obey the subpoena to appear at an | 3 |
| investigation or
hearing, or to there produce documentary | 4 |
| evidence, if so ordered, or to
give evidence relative to the | 5 |
| subject matter of that investigation or
hearing. Any failure to | 6 |
| obey such order of the circuit court may be
punished by that | 7 |
| court as a contempt of court.
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| Each member of the Board and any hearing officer designated | 9 |
| by the
Board shall have the power to administer oaths and to | 10 |
| take the testimony
of persons under oath.
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| (g) Except under subsection (a) of this Section, a majority | 12 |
| of the
members then appointed to the Prisoner Review Board | 13 |
| shall constitute a
quorum for the transaction of all business | 14 |
| of the Board.
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| (h) The Prisoner Review Board shall annually transmit to | 16 |
| the
Director a detailed report of its work for the preceding | 17 |
| calendar year.
The annual report shall also be transmitted to | 18 |
| the Governor for
submission to the Legislature.
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| (i) The Prisoner Review Board may grant participation in | 20 |
| the Elderly Rehabilitated Prisoner Program in accordance with | 21 |
| Section 5-8-1.4. | 22 |
| (Source: P.A. 93-207, eff. 1-1-04; 94-165, eff. 7-11-05.)
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| (730 ILCS 5/5-8-1) (from Ch. 38, par. 1005-8-1)
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| (Text of Section after amendment by P.A. 95-983 )
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| Sec. 5-8-1. Sentence of Imprisonment for Felony.
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| (a) Except as otherwise provided in the statute defining | 2 |
| the offense and except as otherwise provided in Section | 3 |
| 5-8-1.4 , a
sentence of imprisonment for a felony shall be a | 4 |
| determinate sentence set by
the court under this Section, | 5 |
| according to the following limitations:
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| (1) for first degree murder,
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| (a) a term shall be not less than 20 years
and not | 8 |
| more than 60 years, or
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| (b) if a trier of fact finds beyond a reasonable
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| doubt that the murder was accompanied by exceptionally
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| brutal or heinous behavior indicative of wanton | 12 |
| cruelty or, except as set forth
in subsection (a)(1)(c) | 13 |
| of this Section, that any of the aggravating factors
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| listed in subsection (b) of Section 9-1 of the Criminal | 15 |
| Code of 1961 are
present, the court may sentence the | 16 |
| defendant to a term of natural life
imprisonment, or
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| (c) the court shall sentence the defendant to a | 18 |
| term of natural life
imprisonment when the death | 19 |
| penalty is not imposed if the defendant,
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| (i) has previously been convicted of first | 21 |
| degree murder under
any state or federal law, or
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| (ii) is a person who, at the time of the | 23 |
| commission of the murder,
had attained the age of | 24 |
| 17 or more and is found guilty of murdering an
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| individual under 12 years of age; or, irrespective | 26 |
| of the defendant's age at
the time of the |
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| commission of the offense, is found guilty of | 2 |
| murdering more
than one victim, or
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| (iii) is found guilty of murdering a peace | 4 |
| officer, fireman, or emergency management worker | 5 |
| when
the peace officer, fireman, or emergency | 6 |
| management worker was killed in the course of | 7 |
| performing his
official duties, or to prevent the | 8 |
| peace officer or fireman from
performing his | 9 |
| official duties, or in retaliation for the peace | 10 |
| officer,
fireman, or emergency management worker | 11 |
| from performing his official duties, and the | 12 |
| defendant knew or should
have known that the | 13 |
| murdered individual was a peace officer, fireman, | 14 |
| or emergency management worker, or
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| (iv) is found guilty of murdering an employee | 16 |
| of an institution or
facility of the Department of | 17 |
| Corrections, or any similar local
correctional | 18 |
| agency, when the employee was killed in the course | 19 |
| of
performing his official duties, or to prevent | 20 |
| the employee from performing
his official duties, | 21 |
| or in retaliation for the employee performing his
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| official duties, or
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| (v) is found guilty of murdering an emergency | 24 |
| medical
technician - ambulance, emergency medical | 25 |
| technician - intermediate, emergency
medical | 26 |
| technician - paramedic, ambulance driver or other |
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| medical assistance or
first aid person while | 2 |
| employed by a municipality or other governmental | 3 |
| unit
when the person was killed in the course of | 4 |
| performing official duties or
to prevent the | 5 |
| person from performing official duties or in | 6 |
| retaliation
for performing official duties and the | 7 |
| defendant knew or should have known
that the | 8 |
| murdered individual was an emergency medical | 9 |
| technician - ambulance,
emergency medical | 10 |
| technician - intermediate, emergency medical
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| technician - paramedic, ambulance driver, or other | 12 |
| medical
assistant or first aid personnel, or
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| (vi) is a person who, at the time of the | 14 |
| commission of the murder,
had not attained the age | 15 |
| of 17, and is found guilty of murdering a person | 16 |
| under
12 years of age and the murder is committed | 17 |
| during the course of aggravated
criminal sexual | 18 |
| assault, criminal sexual assault, or aggravated | 19 |
| kidnaping,
or
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| (vii) is found guilty of first degree murder | 21 |
| and the murder was
committed by reason of any | 22 |
| person's activity as a community policing | 23 |
| volunteer
or to prevent any person from engaging in | 24 |
| activity as a community policing
volunteer. For | 25 |
| the purpose of this Section, "community policing | 26 |
| volunteer"
has the meaning ascribed to it in |
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| Section 2-3.5 of the Criminal Code of 1961.
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| For purposes of clause (v), "emergency medical | 3 |
| technician - ambulance",
"emergency medical technician - | 4 |
| intermediate", "emergency medical technician -
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| paramedic", have the meanings ascribed to them in the | 6 |
| Emergency Medical
Services (EMS) Systems Act.
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| (d) (i) if the person committed the offense while | 8 |
| armed with a
firearm, 15 years shall be added to | 9 |
| the term of imprisonment imposed by the
court;
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| (ii) if, during the commission of the offense, | 11 |
| the person
personally discharged a firearm, 20 | 12 |
| years shall be added to the term of
imprisonment | 13 |
| imposed by the court;
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| (iii) if, during the commission of the | 15 |
| offense, the person
personally discharged a | 16 |
| firearm that proximately caused great bodily harm,
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| permanent disability, permanent disfigurement, or | 18 |
| death to another person, 25
years or up to a term | 19 |
| of natural life shall be added to the term of
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| imprisonment imposed by the court.
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| (1.5) for second degree murder, a term shall be not | 22 |
| less than 4 years
and not more than 20 years;
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| (2) for a person adjudged a habitual criminal under | 24 |
| Article 33B of
the Criminal Code of 1961, as amended, the | 25 |
| sentence shall be a term of
natural life imprisonment;
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| (2.5) for a person convicted under the circumstances |
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LRB096 03130 RLC 13146 b |
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| described in
paragraph (3) of subsection (b) of Section | 2 |
| 12-13, paragraph (2) of subsection
(d) of Section 12-14, | 3 |
| paragraph (1.2) of subsection (b) of
Section 12-14.1, or | 4 |
| paragraph (2) of subsection (b) of Section 12-14.1
of the | 5 |
| Criminal Code of 1961, the sentence shall be a term of | 6 |
| natural life
imprisonment;
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| (3) except as otherwise provided in the statute | 8 |
| defining the
offense, for a Class X felony, the sentence | 9 |
| shall be not less than 6
years and not more than 30 years;
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| (4) for a Class 1 felony, other than second degree | 11 |
| murder, the sentence
shall be not less than 4 years and not | 12 |
| more than 15 years;
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| (5) for a Class 2 felony, the sentence shall be not | 14 |
| less than 3
years and not more than 7 years;
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| (6) for a Class 3 felony, the sentence shall be not | 16 |
| less than 2
years and not more than 5 years;
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| (7) for a Class 4 felony, the sentence shall be not | 18 |
| less than 1 year
and not more than 3 years.
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| (b) The sentencing judge in each felony conviction shall | 20 |
| set forth
his reasons for imposing the particular sentence he | 21 |
| enters in the case,
as provided in Section 5-4-1 of this Code. | 22 |
| Those reasons may include
any mitigating or aggravating factors | 23 |
| specified in this Code, or the
lack of any such circumstances, | 24 |
| as well as any other such factors as the
judge shall set forth | 25 |
| on the record that are consistent with the
purposes and | 26 |
| principles of sentencing set out in this Code.
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| (c) A motion to reduce a sentence may be made, or the court | 2 |
| may reduce
a sentence without motion, within 30 days after the | 3 |
| sentence is imposed.
A defendant's challenge to the correctness | 4 |
| of a sentence or to any aspect of
the sentencing hearing shall | 5 |
| be made by a written motion filed within 30 days
following the | 6 |
| imposition of sentence. However, the court may not increase a
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| sentence once it is imposed.
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| If a motion filed pursuant to this subsection is timely | 9 |
| filed within 30 days
after the sentence is imposed, the | 10 |
| proponent of the motion shall exercise due
diligence in seeking | 11 |
| a determination on the motion and the court shall
thereafter | 12 |
| decide such motion within a reasonable time.
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| If a motion filed pursuant to this subsection is timely | 14 |
| filed within 30 days
after the sentence is imposed, then for | 15 |
| purposes of perfecting an appeal, a
final judgment shall not be | 16 |
| considered to have been entered until the motion to
reduce a | 17 |
| sentence has been decided by order entered by the trial court.
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| A motion filed pursuant to this subsection shall not be | 19 |
| considered to have
been timely
filed unless it is filed with | 20 |
| the circuit court clerk within 30 days after
the sentence is | 21 |
| imposed together with a notice of motion, which notice of
| 22 |
| motion shall set the motion on the court's calendar on a date | 23 |
| certain within
a reasonable time after the date of filing.
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| (d) Except where a term of natural life is imposed, every | 25 |
| sentence
shall include as though written therein a term in | 26 |
| addition to the term
of imprisonment. For those sentenced under |
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| the law in effect prior to
February 1, 1978, such term shall be | 2 |
| identified as a parole
term. For those sentenced on or after | 3 |
| February 1, 1978, such term
shall be identified as a mandatory | 4 |
| supervised release term. Subject to
earlier termination under | 5 |
| Section 3-3-8, the parole or mandatory
supervised release term | 6 |
| shall be as follows:
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| (1) for first degree murder or a Class X felony except | 8 |
| for the offenses of predatory criminal sexual assault of a | 9 |
| child, aggravated criminal sexual assault, and criminal | 10 |
| sexual assault if committed on or after the effective date | 11 |
| of this amendatory Act of the 94th General Assembly and | 12 |
| except for the offense of aggravated child pornography | 13 |
| under Section 11-20.3 of the Criminal Code of 1961, if | 14 |
| committed on or after January 1, 2009, 3 years;
| 15 |
| (2) for a Class 1 felony or a Class 2 felony except for | 16 |
| the offense of criminal sexual assault if committed on or | 17 |
| after the effective date of this amendatory Act of the 94th | 18 |
| General Assembly and except for the offenses of manufacture | 19 |
| and dissemination of child pornography under clauses | 20 |
| (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code | 21 |
| of 1961, if committed on or after January 1, 2009, 2 years;
| 22 |
| (3) for a Class 3 felony or a Class 4 felony, 1 year;
| 23 |
| (4) for defendants who commit the offense of predatory | 24 |
| criminal sexual assault of a child, aggravated criminal | 25 |
| sexual assault, or criminal sexual assault, on or after the | 26 |
| effective date of this amendatory Act of the 94th General |
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LRB096 03130 RLC 13146 b |
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| Assembly, or who commit the offense of aggravated child | 2 |
| pornography, manufacture of child pornography, or | 3 |
| dissemination of child pornography after January 1, 2009, | 4 |
| the term of mandatory supervised release shall range from a | 5 |
| minimum of 3 years to a maximum of the natural life of the | 6 |
| defendant;
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| (5) if the victim is under 18 years of age, for a | 8 |
| second or subsequent
offense of aggravated criminal sexual | 9 |
| abuse or felony criminal sexual abuse,
4 years, at least | 10 |
| the first 2 years of which the defendant shall serve in an
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| electronic home detention program under Article 8A of | 12 |
| Chapter V of this Code.
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| (e) A defendant who has a previous and unexpired sentence | 14 |
| of
imprisonment imposed by another state or by any district | 15 |
| court of the
United States and who, after sentence for a
crime | 16 |
| in Illinois, must return to serve the unexpired prior sentence | 17 |
| may
have his sentence by the Illinois court ordered to be | 18 |
| concurrent with
the prior sentence in the other state. The | 19 |
| court may order that any time
served on the unexpired portion | 20 |
| of the sentence in the other state,
prior to his return to | 21 |
| Illinois, shall be credited on his Illinois
sentence. The other | 22 |
| state shall be furnished with a copy of the order
imposing | 23 |
| sentence which shall provide that, when the offender is
| 24 |
| released from confinement of the other state, whether by parole | 25 |
| or by
termination of sentence, the offender shall be | 26 |
| transferred by the
Sheriff of the committing county to the |
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LRB096 03130 RLC 13146 b |
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| Illinois Department of
Corrections. The court shall cause the | 2 |
| Department of Corrections to be
notified of such sentence at | 3 |
| the time of commitment and to be provided
with copies of all | 4 |
| records regarding the sentence.
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| (f) A defendant who has a previous and unexpired sentence | 6 |
| of imprisonment
imposed by an Illinois circuit court for a | 7 |
| crime in this State and who is
subsequently sentenced to a term | 8 |
| of imprisonment by another state or by
any district court of | 9 |
| the United States and who has served a term of
imprisonment | 10 |
| imposed by the other state or district court of the United
| 11 |
| States, and must return to serve the unexpired prior sentence | 12 |
| imposed by
the Illinois Circuit Court may apply to the court | 13 |
| which imposed sentence to
have his sentence reduced.
| 14 |
| The circuit court may order that any time served on the | 15 |
| sentence imposed
by the other state or district court of the | 16 |
| United States be credited on
his Illinois sentence. Such | 17 |
| application for reduction of a sentence under
this subsection | 18 |
| (f) shall be made within 30 days after the defendant has
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| completed the sentence imposed by the other state or district | 20 |
| court of the
United States.
| 21 |
| (Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06; | 22 |
| 94-715, eff. 12-13-05; 95-983, eff. 6-1-09.)
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| (730 ILCS 5/5-8-1.4 new) | 24 |
| Sec. 5-8-1.4. Elderly Rehabilitated Prisoner Program; | 25 |
| pilot program. |
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| (a) A committed person as defined in subsection (c) of | 2 |
| Section 3-1-2 of this Code who is at least 50 years of age and | 3 |
| who has served at least 25 consecutive years of imprisonment in | 4 |
| a Department of Corrections institution or facility and is | 5 |
| serving a sentence other than death may petition the Prisoner | 6 |
| Review Board for participation in the Elderly Rehabilitated | 7 |
| Prisoner Program as provided in this Section. If the committed | 8 |
| person files such a petition, the families of the victims of | 9 |
| the committed person's offenses shall be notified in a timely | 10 |
| manner after the filing of the petition. | 11 |
| (b) The Prisoner Review Board may grant the petitioner | 12 |
| participation in the Elderly Rehabilitated Prisoner Program if | 13 |
| the petitioner documents and demonstrates to the Prisoner | 14 |
| Review Board the following: | 15 |
| (1) successful participation by the committed person | 16 |
| in programs designed to restore the committed person as a | 17 |
| useful and productive person in the community upon release | 18 |
| and if such programs are not available that the committed | 19 |
| person has attempted to participate in such programs; | 20 |
| (2) genuine reform and changed behavior by the | 21 |
| committed person over a period of years; | 22 |
| (3) the committed person's remorse for actions that | 23 |
| have caused pain and suffering to victims of his or her | 24 |
| offenses; | 25 |
| (4) the committed person's ability to socialize with | 26 |
| others in an acceptable manner; |
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| (5) the committed person's renunciation of criminal | 2 |
| activity and gang affiliation if the committed person was a | 3 |
| member of a gang. | 4 |
| (c) The petition shall contain: | 5 |
| (1) documentation of the committed person's relevant | 6 |
| medical history, including current medical prognosis; | 7 |
| (2) the committed person's prison and criminal | 8 |
| history. The criminal history shall include any claims of | 9 |
| innocence and the degree of the committed person's | 10 |
| responsibility for his or her convictions and if such | 11 |
| claims of responsibility have impacted the committed | 12 |
| person's feeling of remorse. | 13 |
| (d) The Prisoner Review Board shall consider the petition | 14 |
| in its entirety and may not order the release of the committed | 15 |
| person if the Prisoner Review Board finds that the committed | 16 |
| person poses a threat to public safety. If the Prisoner Review | 17 |
| Board determines that a committed person is eligible for | 18 |
| participation in the Elderly Rehabilitated Prisoner Program | 19 |
| under this Section and determines that the committed person | 20 |
| should participate in the Elderly Rehabilitated Prisoner | 21 |
| Program, the Prisoner Review Board shall set the conditions for | 22 |
| the committed person's release from prison before the | 23 |
| expiration of the committed person's sentence. The Prisoner | 24 |
| Review Board when granting participation in the Elderly | 25 |
| Rehabilitated Prisoner Program shall require 10 hours of | 26 |
| community service for each year served in prison and require |
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| electronic monitoring for at least 6 months. | 2 |
| (e) A petition for participation in the Elderly | 3 |
| Rehabilitated Prisoner Program under the provisions of this | 4 |
| Section shall be submitted only once unless the Prisoner Review | 5 |
| Board decides unusual circumstances warrant another hearing. | 6 |
| (f)(1) The Department of Corrections shall develop a pilot | 7 |
| program patterned after the Impact of Crime on Victims Class | 8 |
| (ICVC), including the Restorative Justice segment, used by the | 9 |
| Missouri Department of Corrections. This pilot program shall be | 10 |
| implemented in one maximum security prison for women and one | 11 |
| maximum security prison for men. The ICVC shall be made | 12 |
| available to prisoners eligible for participation in the | 13 |
| Elderly Rehabilitated Prisoner Program on a voluntary basis. | 14 |
| (2) The Department of Corrections shall promulgate rules | 15 |
| and regulations for operation of the pilot program established | 16 |
| pursuant to this subsection (f). | 17 |
| (3) Any proposed program or strategy created under this | 18 |
| subsection (f) shall be developed after identification of a | 19 |
| need in the community for such programs, through consultation | 20 |
| with representatives of the general public, judiciary, law | 21 |
| enforcement, and defense and prosecution bar. | 22 |
| (4) The Department of Corrections may staff programs | 23 |
| created under this subsection (f) with employees of the | 24 |
| Department or may contract with other public or private | 25 |
| agencies for delivery of services as otherwise provided by law. | 26 |
| (5) The pilot program shall include wrap-around victim |
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| services to ensure the safety of victims upon the release of a | 2 |
| committed person under the Elderly Rehabilitated Prisoner | 3 |
| Program.
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INDEX
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Statutes amended in order of appearance
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| 3 |
| 730 ILCS 5/3-3-2 |
from Ch. 38, par. 1003-3-2 |
| 4 |
| 730 ILCS 5/5-8-1 |
from Ch. 38, par. 1005-8-1 |
| 5 |
| 730 ILCS 5/5-8-1.4 new |
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